Madhya Pradesh High Court
Vikash Samadhiya vs The State Of Madhya Pradesh on 25 March, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 25th OF MARCH, 2025
MISC. CRIMINAL CASE No. 54099 of 2024
VIKASH SAMADHIYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akram Khan - Advocate for the petitioners.
Shri Harish Sharma - Public Prosecutor for the respondent No.1/State.
Shri Alok Kumar Sharma - Advocate for the respondent
No.2/complainant.
ORDER
This petition under Section 482 of Cr.P.C./ 528 of BNSS has been
filed for quashing the FIR registered at Crime No.328/2021 at Police
Station- Gola ka Mandir, District Gwalior, for the offence punishable
under Sections 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition
Act and all consequential proceedings arising out of it on the basis of
compromise.
2 . As per prosecution case, marriage of complainant/respondent No.2
was solemnized with petitioner No.1 - Vikas Samadhiya on 09.03.2019.
After marriage, petitioners started harassing the respondent
No.2/complainant in connection with demand of dowry. They also beat
and threatened her, due to which, she is living in maternal home.
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3. I.A.No.26623/2024 and I.A.No.26624/2024 have been filed for
compromise by the petitioners as well as respondent No.2 duly supported
by their affidavits.
4. In compliance of the order passed by this Court, the factum of
compromise has been verified by the Principal Registrar of this Court,
who has recorded statement of complainant/respondent No.2 as well as
petitioners and has submitted a report that the parties have arrived at
compromise voluntarily without any threat, inducement and coercion.
5. It is submitted by learned counsel for the petitioners that respondent
No.2 has entered into a compromise with the petitioners and, therefore,
the present petition has been filed for compounding the offence on the
basis of compromise.
6 . Heard learned counsel for the parties and perused the documents
available on record as well as verification report submitted by Principal
Registrar of this Court.
7 . The Hon'ble Supreme Court in the cases of Ramavtar Vs. State of
M.P. reported in 2021 SCC Online SC 966, Gian Singh Vs. State of
Punjab, [(2012)10 SCC 303], and Narinder Singh & Ors. Vs. State of
Punjab & Anr., [(2014) 6 SCC 466, Jagdish Channa & others Vs. State
of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs.
State of Punjab (AIR 2008 SC 1969), Shiji Vs. Radhika & Another
(2011) 10 SCC 705 , laid down that even in non-compoundable cases on
the basis of compromise, criminal proceedings can be quashed so that
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valuable time of the Court can be saved and utilized in other material
cases.
8. Hon'ble Apex Court in the case of Kapil Gupta Vs. State of NCT of
Delhi & Another passed in Criminal Appeal No.1217 of 2022 decided on
10.8.2022 in which a criminal case under Section 376 IPC against the
petitioner therein was considered for quashment of FIR on the basis of
compromise wherein the Hon'ble Supreme Court while considering the
dictum in the case of Narinder Singh (supra) held in para 13 and 14 that
if there is insufficient evidence and by virtue of compromise there is no
chance of conviction and the settlement between the parties is going to
result into harmony between them which may improve their mutual
relationship then at primary stage on such compromise, proceedings may
be quashed. Para 13 and 14 of Kapil Gupta (supra) are material and thus
reproduced for ready reference and convenience:
"13. It can thus be seen that this Court has clearly held that though the
Court should be slow in quashing the proceedings wherein heinous
and serious offences are involved, the High Court is not foreclosed
from examining as to whether there exists material for incorporation of
such an offence or as to whether there is sufficient evidence which if
proved would lead to proving the charge for the offence charged with.
The Court has also to take into consideration as to whether the
settlement between the parties is going to result into harmony between
them which may improve their mutual relationship.
14. The Court has further held that it is also relevant to consider as to
what is stage of the proceedings. It has been observed that if an
application is made at a belated stage wherein the evidence has been
led and the matter is at the stage of arguments or judgment, the Court
should be slow to exercise the power to quash the proceedings.
However, if such an application is made at an initial stage before
commencement of trial, the said factor will weigh with the court in
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exercising its power."
9. A three Judges' Bench of Apex Court in the case of State of Madhya
Pradesh vs. Laxmi Narayan & Ors. reported in (2019) 5 SCC 688 has
held as under:-
"(1) The power conferred under Section 482 of the Code to quash the
criminal proceedings for the non-compoundable offences under
Section 320 of the Code can be exercised having overwhelmingly and
predominantly the civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship or
family disputes and when the parties have resolved the entire dispute
amongst themselves;
(2) Such power is not to be exercised in those prosecutions, which
involved heinous and serious offences of mental depravity or offences
like murder, rape, dacoity, etc. Such offences are not private in nature
and have a serious impact on society;
(3) Similarly, such power is not to be exercised for the offences under
the special statutes like the Prevention of Corruption Act or the
offences committed by public servants, while working in that capacity
are not to be quashed merely on the basis of compromise between the
victim and the offender."
10. Having regard to the aforesaid dictum as well as attending facts
and circumstances of the case, it is found that the crime in question is
between the parties, who now have settled their disputes and resumed
their good relations. In these circumstances, to save valuable time of the
Court and in the interest of justice, it appears to be a fit case to exercise
the power under Section 482 of Cr.P.C. because letting the dispute hang
on, there are chances that relationship between the parties may disrupt
again, moreover there is remote and bleak possibility of conviction in
this case keeping in view the compromise took place between the parties.
The settlement between the parties is going to result in harmony between
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them which may improve their future relationship. It is also pertinent to
mention here that evidence is yet to be started in the case, as submitted
by learned counsel for the petitioners.
11. Resultantly, this Court allows this petition by quashing the FIR
bearing Crime No.328/2021 at Police Station- Gola ka mandir, District
Gwalior, for the offence punishable under Sections 498-A, 34 of IPC and
Section 3/4 of Dowry Prohibition Act and all consequential proceedings
arising out of it on the basis of compromise, so far as it relates to the
petitioners.
12. This petition stands disposed of in above terms.
(RAJENDRA KUMAR VANI)
JUDGE
Monika
